(1978) JELR 46356 (SC)    

Supreme Court  ·  SC.304/1965 ·  13 Jan 1978 ·  Nigeria
Other Citations
OSONDU & ANOR. v. NDUKA & ORS. (1978) 1 S.C. (REPRINT) 6
DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria
Core Terms Beta
declaration of title
learned trial judge
suit o
federal supreme court
odo ubiri
second trial
larger area
set aside
trial judge
view of the trial judge
common issues
former verdict
high court
judgment of reynolds j.
judgment of the federal supreme court
judgment of the trial judge
people of umuawo
respect of an undefined area of land
anambra state high court
exhibits e
findings of the high court
history of this claim
judgment of the court taylor
landed property
leading judgment
lord donovan
lord justice
new trial of an issue
onitsha reynolds j.
ownership of the said land
parcel of land
plan exhibit a
present respondents
previous suit no. o
question of the alleged grant
r. a. naylor ltd.
relevant rule of court
respective boundaries of the portion of land
respect of acts of possession
respect of the first item of claim
said consolidated suits
subject-matter of this suit
suit fsc
supreme court
swinfen eady m. r.
weight of evidence

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs, who are appellants, in this appeal sued the defendants, the respondents, in Suit O/115/61, at the Anambra State High Court, sitting at Onitsha and claimed:-

"A declaration of title to all that piece or parcel of land known and called Odo Ubiri (or Okpobiri) situate at Nando."

In the pleadings, there is no dispute that one Ikenga had three children - Agbudu, Umuawo, and Abube and on the death of Ikenga the three children shared amongst themselves the landed property left by their father. The parties do not agree as to the respective boundaries of the portion of land, the subject-matter of this suit. There was also some dispute in respect of acts of possession.

It might be apt at this stage to trace the history of this claim. In a previous Suit No. O/32/57 the appellants in this appeal, as plaintiffs, sued the present respondents, as defendants, and the claims were:-

"(a) a declaration that the plaintiff is the ow…

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